[HISTORY: Adopted by the Town Board of the
Town of Greenport 7-1-2020 by L.L. No. 1-2020.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 90,
Noise, adopted 12-15-1976 by Ord. No. 1-1976, as amended.
A.
It is hereby declared to be the policy of the Town to prevent excessive,
unnecessary or unusually loud noises. It is further declared that
the provisions and prohibitions hereinafter contained and enacted
are in pursuance of and for the purpose of preserving, protecting
and promoting the public health, comfort, convenience, safety, welfare
and prosperity and the peace and quiet of the Town and its inhabitants.
It is the public policy of the Town that every person is entitled
to ambient noise levels that are not detrimental to life, health and
enjoyment of his or her property. It is hereby declared that the making,
creation or maintenance of excessive or unreasonable noises within
the Town affects and is a menace to public health, comfort, convenience,
safety, welfare and the prosperity of the people of the Town.
B.
This chapter shall be construed so as to effectuate the purposes
described in this section. Nothing herein shall be construed to inhibit
the emergency powers of any Town department or the right of such department
to engage in any necessary or proper activities. Nothing herein shall
inhibit the powers and responsibilities of any police department or
law enforcement agency to enforce the provisions of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
Any activity necessary or incidental to the erection, demolition,
assembling, altering, installing or equipping of buildings, public
or private highways, roads, premises, parks, utility lanes or other
property, including, but not limited to, related activities, such
as land clearing, grading, earthmoving, excavating, blasting, filling
and landscaping, but not including agriculture.
Any sound that is not impulse sound.
Any occurrence or circumstances involving actual or imminent
physical or property damage which demands immediate action.
Sound characterized by either a single pressure peak or a
single burst (multiple pressure peaks) having a duration of less than
one second.
Any device that is designed to be used or is actually used
for the production or reproduction of sound, including, but not limited
to, any amplified musical instrument, radio, television, tape recorder,
phonograph, loudspeaker, public address system or any other sound-amplifying
device.
Any excessive or unusually loud sound or any sound which either
annoys, disturbs, injures or endangers the comfort, repose, health,
peace or safety of a reasonable person of normal sensibilities, or
which causes injury to animal life or damage to property or business.
Standards to be considered in determining whether unreasonable
noise exists in a given situation include, but are not limited to,
the following:
The intensity of the noise;
Whether the nature of the noise is usual or unusual;
Whether the origin of the noise is natural or unnatural;
The intensity of the background noise;
The proximity of the noise to sleeping facilities;
The nature and the zoning district of the area within which
the noise emanates;
The time of the day or night the noise occurs;
The duration of the noise;
Whether the sound source is temporary;
Whether the noise is continuous or intermittent; and/or
Whether alternate methods are available to achieve the objectives
of the sound-producing activity.
Unreasonable noise emanating from private property shall be
measured or determined at the adjoining property line or, in the case
of a multiple residence, within the adjoining or adjacent apartment
or hallway. Unreasonable noise emanating from public property shall
be measured or determined at a distance of 50 feet or more from the
sound source, at the adjoining property line or, in the case of a
multiple residence, within the adjoining or adjacent apartment or
hallway, whichever is closer.
Includes any automobile, motorcycle, truck, tractor trailer,
recreational vehicle, all-terrain vehicle or snowmobile.
The following acts and the causing thereof are declared to be
loud, disturbing and unreasonable noises in violation of this chapter,
but the enumeration herein shall not be deemed to be exclusive:
A.
Horns and signaling devices.
(1)
The sounding of any horn or other signal device on any automobile,
motorcycle, bus or other vehicle while stationary that creates any
unreasonable noise, except as a danger signal when an approaching
vehicle is apparently out of control or, if in motion, only as a danger
signal after or as brakes are being applied and deceleration of the
vehicle is intended; or
(2)
The creation by means of any such signal device of any unreasonably
loud or harsh sound or the sounding of any such device for an unnecessary
period of time in such a manner as to create unreasonable noise.
B.
Noisy vehicles. No person shall:
(1)
Use an automobile, motorcycle or other vehicle so out of repair,
so loaded or in such a manner as to create unreasonable noise from
loud, unnecessary grating, grinding, rattling or other noise;
(2)
Operate any vehicle in such a manner as to cause unreasonable noise
by spinning or squealing the tires or revving the motor of such vehicle;
or
(3)
Unreasonable noise created by modifying or causing to be modified
the muffler, exhaust system or other noise-control device of any vehicle
in a manner that will increase the noise emitted by such vehicle above
that emitted by the vehicle when newly manufactured regardless of
the date of the manufacture. The noise-control devices of any vehicle
operated in the Town shall be maintained and in good working order.
No person shall operate or permit to be operated a vehicle where the
muffler, exhaust system or other noise-control device has been so
modified or has not been maintained.
C.
Recreational vehicles, including snowmobiles. No person shall operate
or permit to be operated any motor-powered recreational vehicle not
licensed for operation on public streets pursuant to the Vehicle and
Traffic Law in such a manner as to create unreasonable noise.
D.
Discharge of exhaust. No person shall cause or permit the discharge
into the open air of the exhaust of any device, including, but not
limited to, any steam engine, diesel engine, internal combustion engine
or turbine engine, so as to create unreasonable noise.
E.
Construction, demolition and excavation. The creation of unreasonable
noise resulting from the erection, including excavation, demolition,
alteration or repair of any building other than on weekdays between
7:00 a.m. and 7:00 p.m., except in case of an urgent necessity in
the interest of public safety. Unreasonable noise resulting from these
activities is expressly prohibited from occurring on weekends or holidays.
F.
Noise near school and other institutions. The creation of any unreasonable
noise on any street or property adjacent to any school, institution
of learning, church or court, while the same is in session, or adjacent
to any hospital, provided that conspicuous signs are displayed in
such street or on such property indicating that the same is a school,
hospital, church or court street.
G.
Loading and unloading. The creation of any unreasonable noise in
connection with loading or unloading any vehicle or the opening and
destruction of bales, boxes, crates and containers.
H.
Hawking and peddling. The creation of any unreasonable noise in connection
with shouting and crying of peddlers, hawkers and vendors.
I.
Drums, loudspeakers and similar devices. The creation of any unreasonable
noise in connection with the use of a drum, loudspeaker, instrument
or any other sound reproductive device for the purpose of attracting
public attention by the creation of noise.
J.
Sound reproduction. The creation of any unreasonable noise in connection
with any person operating, playing or permitting the operation or
playing of any sound reproduction device, including, but not limited
to, a radio, television, phonograph, drum, musical instrument, sound
amplifier or similar device which produces, reproduces or amplifies
sound as to produce unreasonable noise, except for activities open
to the public or for the public benefit and for which a specific permit
has been granted by the Town.
K.
Animals. No person shall keep, permit or maintain any animal under
his control that causes unreasonable noise which may result from continued
barking, howling or other animal noises.
L.
Shouting. No person shall shout, yell, call, hoot, whistle or sing
on public streets or in public places in such a manner and for a period
of time as to create unreasonable noise under the circumstances.
M.
Noise from tools, machinery and heavy equipment in the construction,
repair or alteration of property. The creation of any unreasonable
noise in connection with the use of domestic or industrial tools,
machinery and equipment of any kind in construction, repair or alteration
of property, resulting in loud grinding, hammering, sawing and similar
noise other than on weekdays between 7:00 a.m. and 7:00 p.m., except
in the case of urgent necessity in the interest of public safety.
Unreasonable noise resulting from these activities is expressly prohibited
from occurring on weekends or holidays.
N.
Noise in the conduct of any business. The creation of unreasonable
noise in the operation, conduct and/or maintenance of any business,
factory, plant yard or manufacturing establishment (except as otherwise
provided in this chapter), including, but not limited to, excavation,
blasting, grinding, breaking, crushing or processing of any substance
(where permitted).
O.
Dormitories, private clubs, meeting halls and private residences.
The creation of any unreasonable noise in connection with parties,
entertainment, music or social gatherings of any kind, whether public
or private, any day between the hours of 9:00 p.m. and 7:00 a.m.,
inside or outside any residence, regardless of whether the windows
of such residence are open, or at any other time if said noise is
unreasonable noise.
P.
Impulsive sound levels. The creation of any impulsive sound levels
that are repeated, including, but not limited to, shooting of a firearm
on private property or use of air cannons or other machinery, so as
to create unreasonable noise. The use of air cannons and other similar
firing devices for agricultural uses shall be limited to use from
7:00 a.m. to 9:00 a.m. and 5:00 p.m. to 7:00 p.m. and shall be directed
away from residences.
The provisions of this chapter shall not apply to:
A.
Sound and vibration emitted for the purpose of alerting people in
an emergency.
B.
Sound and vibration emitted in the performance of correcting an emergency.
C.
Sounds created by church bells or chimes, when a part of a religious
observance or service.
D.
Sounds created by any government agency by the use of public warning
devices.
E.
Sound from snowblowers, snow throwers, and snowplows when operated
with a muffler for the purpose of snow removal.
F.
Sound from a burglar alarm of any building or residence, provided
such burglar alarm shall terminate its operation within five minutes
after it has been activated.
G.
Sound generated by municipality-sponsored concerts and events designed
to promote the health, safety or welfare of the citizens of the Town.
H.
Sporting events and other events held on Town-owned property.
In those cases of unreasonable noise, the person or persons
responsible shall be advised of any conduct prohibited herein by the
police, the Code Enforcement Officer, or any Town officer authorized
to enforce the provisions of this chapter. After such warning, if
any party shall continue or repeat said conduct or similar conduct,
such party shall be in violation of this chapter.
If any party shall knowingly violate the provisions of this
chapter or engage in conduct in violation of this chapter, he shall
be punished by a fine not to exceed $1,000 or by imprisonment for
not more than 15 days, or both. Each incidence of any violation of
a provision herein shall constitute a separate offense.
A.
The noise-control requirements established by this chapter shall
be administered and enforced jointly by the Town Code Enforcement
Officer and/or any peace officer, police officer or law enforcement
agency that has jurisdiction in the Town of Greenport.
B.
Violation of any provision of this chapter shall be cause for a summons
to be issued.
